A violent Carnoustie man has narrowly avoided jail after admitting a vicious boozy stamp and stab attack on an teenager in Edzell.
Brian Ash previously appeared at Forfar Sheriff Court and pled guilty to the assault on May 13 last year.
Ash returned to a friend’s flat after drinking in the Angus village and lost his temper with another of the man’s pals.
After being ordered to complete unpaid work, he was warned that in days gone by a prison sentence would have been “automatic”.
Furious assault
Ash admitted injuring his victim by grabbing his body, throwing him to the floor, repeatedly kicking and punching him, repeatedly stamping on his head, brandishing a screwdriver and repeatedly stabbing the 18-year-old with it.
The court heard Ash, 37, had been drinking in the Panmure Arms before arriving at a property in Duriehill Place shortly after midnight.
He became aggressive “for no apparent reason” and grabbed his victim – who he had met for the first time that night – from the sofa.
Ash punched him to the head and body, before stamping on his head five times.
Fiscal depute Jill Drummond said other witnesses tried and failed to stop the vicious attack.
Ash, who was on bail at the time, then produced a screwdriver.
The teenager put his hands out to protect himself and was left with two puncture wounds.
He was taken to hospital by his parents for treatment to cuts and scratches on his head and abrasions to his shoulder and back.
Ash was arrested at his workplace around two weeks later.
Medium risk
Sentencing on Ash, of Ravensby Road, had been deferred for him to meet with social workers.
His solicitor Angela McLardy explained the bail order he was on at the time was in connection with a domestic assault, for which he was admonished.
Ms McLardy said: “He presents today embarrassed.
“Mr Ash did have a certain position, however following legal advice he was happy with the plea.
“He certainly does have his own position in respect of how he feels about the complainer.
“He was under the influence of alcohol and he does not seek to use that as an excuse.
“He wishes to apologise to the complainer.”
Not fuelled by sparkling water
Sheriff Lindsay Foulis imposed 300 hours of unpaid work as a direct alternative to custody.
He said: “I don’t suppose Mr Ash had been drinking sparkling water all night.
“Irrespective of whether or not you have a significant record – and you don’t – you needn’t go too far back to appreciate that pleading guilty to the offence which is before me would have automatically resulted in a custodial sentence and you would have been prosecuted on indictment.
“There are a number of factors which I take into account – your record is minimal, you last offended nine years ago, you are being prosecuted on summary complaint, there is pressure on prison places just now.
“Do not think in any shape or form that this offence was not serious enough to justify a custodial sentence.
“In my view, it undoubtedly was and you are very close to receiving a custodial sentence, irrespective of the factors that I’ve made mention of.
“If you breach this order once, you lose your liberty – you don’t get a second chance.”
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